# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

* * * * * * * * * * * * * * * * * * * * * * * * *

I.D.

, * No. 04

- 1593V

* The Honorable Susan G. Braden

Petitioner, * Special Master Christian J. Moran

*

v. * Filed: April 26, 2013

*

SECRETARY OF HEALTH * Damages; decision based on proffer;

AND HUMAN SERVICES, * hepatitis B vaccine ; chronic fatigue

* syndrome

Respondent. *

* * * * * * * * * * * * * * * * * * * * * * * * *

Mark P. Friedlander, Jr. , McLean, VA, and Mark Greenspan , Norfolk, VA, for petitioner;

Heather L. Pearlman , United States Dep’t of Justice, Washington, DC, for respondent.

PUBLISHED DECISION AWARDING DAMAGES 1

On October 25, 2004

, I.D.’s parents filed a petition on I.D.’s behalf seeking

compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa

- 1

et seq., alleging that a dose of the hepatitis B vaccination caused I.D. to develop chronic fatigue

syndrome

. On April 22, 2011, the United States Court of Federal Claims determined that I.D. is

entitled to compensation under the Vaccine Act. On April 19, 2013, the undersigned issued a

ruling regarding damages.

On April 26 , 2013 , respondent filed a Status Rep ort on Award of Compensation, to which

petitioner agrees. This status report is construed as a Proffer on Award of Compensation. Based

upon the record as a whole, the special master finds the proffer reasonable and that petitioner is

entitled to an award as stated in the rein . Pursuant to the attached p roffer

, the court awards

petitioner:

1 At a status conference held on April 26, 2013, petitioner orally moved for redaction of

petitioner’s name to petitioner’s initials. Respondent indicated that she took no position on

petitioner’s request. Petitioner’s oral motion was granted.

Within 14 days, the parties may move for additional redactions in accord with 42 U.S.C.

§ 300aa

- 12(d)(4) and Vaccine Rule 18(b) . Otherwise, this decision will be posted on the Court’s

website in accord with t he E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Sta t. 2899,

2913 (Dec. 17, 2002 ). Any redactions ordered by the special master will appear in the document

posted on the website.2

1. A lump sum payment of $ 1,076,412.15 representing compensation for life care

expenses expected to be incurred during the first year after judgment ($ 40,357.92 ),

lost fut ure earnings ($ 838,566.45 ), pain and suffering ($ 194,580.48 ), and past

unreimbursable expenses ($ 2,907.30 ), in the form o f a check payable to petitioner ;

and

2. An amount sufficient to purchase an annuity contract , subject to the conditions

described in the attached Proffer (attached as Appendix A) , that will provide

payments for the life care items contained in the life care plan, as illustrated by the

proffer’s chart, paid to the life insurance company from which the annuity will be

purchased. Compensation for Year Two (beginning on the first anni versary of the

date of judgment ) and all subsequent years shall be provided through respon dent’s

purchase of an annuity, which annuity shall make payments directly to petitioner

, only so long as petitioner is alive at the time a particular payment is due. At the

Secretary’s sole discretion, the periodic payments may be provided to petitioner in

monthly, quarterly, annual, or other installments. The “annual amounts” set forth

in the proffer’s chart describe only th e total yearly sum to be paid to petitioner and

do not require that the payment be made in one annual installment.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of

the court is directed to enter judgment herewith. The Clerk’s Office is instructed to provide a

copy of this decision to the presiding judge. Vaccine Rule 28.1(a).

Any questions may be directed to my law clerk, Jay All , at (202) 357

- 635 3

.

IT IS SO ORDERED.

s / Christian J. Moran

____________________________ Christian J. Moran

Special Master